Judge Jeffrey Ferguson admits to drinking alcohol and carrying gun at work

Orange County Superior Court Judge Jeffrey M. Ferguson on Tuesday told jurors hearing murder charges against him that he drank every day, including during work hours.

Testifying for a second day, Ferguson continued to offer a portrait of himself as a hopeless alcoholic and careless gunslinger.

"It was not unusual for me to have a drink at lunch during a workday while carrying a concealed weapon," Ferguson testified.

Under cross examination by Orange County Senior Deputy District Attorney Seton B. Hunt, Ferguson testified that on Aug. 3, 2023, the day he fatally shot his wife Sheryl, he drank an old fashioned at lunch at Mulberry Street Ristorante & Bar in Fullerton, and consumed more alcohol before and during dinner at the El Cholo restaurant near the family home in the Anaheim Hills.

Ferguson held a concealed carry permit but admitted that it prohibited him from carrying a firearm while under the influence of alcohol. Despite this restriction, he testified that he routinely drank alcohol during lunch breaks at work and then returned to the bench, still armed.

"On that night you decided that you wanted to have your concealed carry weapon on you, and because you didn't believe the law applied to you, you consumed quite a bit of alcohol that day," Hunt said.

"I don't think I thought about that particular law at all," Ferguson responded.

The 74-year-old jurist is accused of shooting to death his wife during a quarrel over money and issues they were having with his adult son from a previous marriage. He is charged with three felony counts: first-degree murder, discharge of a firearm resulting in death, and use of a firearm during the commission of a felony. People v. Ferguson, 23NF1975 (O.C. Super. Ct., led Aug. 11, 2023)

Ferguson testified Tuesday that Sheryl made a finger gun gesture toward him and told the judge to put his pistol away after he pointed a finger gun at her. Instead of getting up from the couch to move the firearm to another room, Ferguson stated that he removed his Glock Model 27 from his ankle holster in the family room and placed the loaded weapon on the table.

"It started to fall from the table, and I fumbled it, and my finger slipped onto the trigger as a reflex, resulting in the gun firing," Ferguson said.

On Friday, Allison Flattum, an analyst with the Orange County Crime Lab's Forensic Firearms Unit, testified that it takes a great deal of pressure to pull the trigger of a Glock handgun.

On Monday, Ferguson, who was weepy during pretrial proceedings, was warned by Los Angeles Superior Court Judge Eleanor J. Hunter, who is presiding over the case, that those emotions wouldn't be allowed in front of the jury.

His lawyer, Cameron J. Talley, bought that up on Tuesday during his re-direct examination.

"Remember when Mr. Hunt asked you about your crying during this trial," Talley asked. "Could you tell us why you were weepy during previous testimony."

"I hate that this happened. I miss her so much," Ferguson responded, tearily. "I think about my son. I prayed for him. I prayed for myself because she's gone."

Closing arguments begin Wednesday morning.